United States District Court, N.D. California
J. MARIAM, GORDON REES SCULLY MANSUKHANI, LLP, MICHAEL D.
KANACH, GORDON REES SCULLY MANSUKHANI, LLP, P. GAVIN
EASTGATE, GORDON REES SCULLY MANSUKHANI, LLP, Attorneys for
Defendants SECURITY PEOPLE, INC., and ASIL GOKCEBAY (a.k.a.
DEFENDANTS SECURITY PEOPLE, INC. AND ASIL
GOKCEBAY'S EX PARTE APPLICATION FOR AN ORDER PERMITTING
TELEPHONIC APPEARANCE BY ASIL GOKCEBAY AT THE UPCOMING MOTION
HEARINGS PURSUANT TO LOCAL RULE 7-10; ORDER.
Haywood S Gilliam, Jr. United States District Court Judge.
THE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD:
SECURITY PEOPLE, INC. and ASIL GOKCEBAY (collectively,
“Defendants”) respectfully submit this ex
parte application for an order that ASIL GOKCEBAY be
permitted to appear by telephone for the hearings scheduled
for April 5, 2018, at 2:00 p.m. In support of this request,
undersigned counsel represents that (1) counsel for Plaintiff
OJMAR U.S. LLC and counsel Forrest Hainline, Esq. of Goodwin
Procter do not object to this request; (2) Defendant will be
represented at the hearing by counsel appearing in-person
from Gordon & Rees; and (3) Mr. Gokcebay is
Defendants' person most knowledgeable about the facts
related to the motions and seeks to appear for this hearing
by telephone because he and all of his staff are in Hong Kong
and unable to appear in person.
OF POINTS AND AUTHORITIES
Procter's Motion to Withdraw and Defendants' related
Motion to Continue Trial are both set for hearing on April 5,
2018. On April 3, 2018, the Court issued an Order requiring
that a client representative for Defendants with knowledge
regarding the factual basis for those motions personally
attend the hearings. Asil Gokcebay is the person with
knowledge of those facts and he is available telephonically
but not available to attend in person in Oakland, California,
on April 5. Immediately after receipt of the Order requiring
a client representation attend, Gordon & Rees contacted
Mr. Gokcebay. Mr. Gokcebay is out of the country, in Hong
Kong, along with all of his staff, leaving no one with the
necessary knowledge who can personally attend the hearing on
Thursday as required by the Order. Mr. Gokcebay has advised
that he can appear by phone, and Defendants therefore request
that the Court issue an order that Mr. Gokcebay be permitted
to attend the hearing telephonically.
to Local Rule 7-10 and the Court's inherent authority to
issue orders controlling its process, Defendants seek relief
from the Order requiring that an employee of Security
People/Digilock personally attend the hearings on the pending
motion to withdraw and motion to continue as no such person
is in the country.
April 3, 2018, the Honorable Court issued an Order requiring
that “[a] client representative of Defendant Digilock
with knowledge of the matters described in the pending motion
to withdraw (Dkt. No. ) and motion to continue trial
date (Dkt. No. )” appear in person at the hearings
of those motions on April 5, 2018, at 2:00 p.m. Dkt. No. 189.
Defendants represent that Asil Gokcebay is the client
representative with the most knowledge regarding the facts
contained in the motions. Declaration of Craig J. Mariam at
¶ 2. Immediately following receipt of the Order, counsel
for Defendants communicated with Mr. Gokcebay, who
represented that he is in Hong Kong, along with all of his
staff, and therefore neither he, nor any other Security
People/Digilock employee with knowledge pertinent to the
hearing, is available to attend the hearings in person.
Id. Mr. Gokcebay represented that he would be
available to call in for the hearing at 2:00 p.m. PDT, which
will be approximately 5:00 a.m. local time in Hong Kong.
Id. at ¶ 3. Counsel for Defendants then
immediately communicated these facts to counsel for Plaintiff
and co-defense counsel at Goodwin Procter to advise them of
the issue and inquired whether they objected to Mr. Gokcebay
appearing by phone. Id. at ¶ 4. Both counsel
affirmed that they did not object to this request given the
Gokcebay and all of his staff will be in Hong Kong at the
date and time set for hearing on this motion, and as no
counsel objects to the request, Defendants ask for relief
from the Order requiring that a Security People/Digilock
employee attend the hearing in person, and request that Mr.
Gokcebay instead be permitted to appear by phone.
from Gordon & Rees will attend in person, and we
understand counsel from Goodwin Procter and counsel for
Plaintiff Ojmar will also attend in person. One attorney for
Plaintiff Ojmar will be attending via telephone. Dkt. No.
upon the foregoing, Defendants respectfully request that Asil
Gokcebay be permitted to appear by telephone for the hearings